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Home My WebLink AboutG21-15 Ordinance No. G21-15 AN ORDINANCE GRANTING A CONDITIONAL USE FOR CHILD DAYCARE SERVICES IN THE CF COMMUNITY FACILTIY DISTRICT (525 Church Road) WHEREAS, written application has been made requesting conditional use approval for a child daycare service, property located at 525 Church Road, which lot is legally described herein and is hereinafter referred to as the "Subject Property"; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on May 4, 2015 following due notice by publication; and WHERAS, the Community Development Department and the Planning and Zoning Commission have submitted their written Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommended approval of said application, subject to the conditions below; and WHEREAS, the City Council of the City of Elgin concurs with the findings and recommendations of the Community Development Department and the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Fact, dated May 4, 2015, made by the Community Development Department and the Planning and Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to permit the establishment of a child daycare service in the CF Community Facility District at 525 Church Road, legally described as follows: Lot 32 of North Elgin Industrial Plaza, Elgin, Illinois, Kane County, Illinois. Also, That part of the Southwest Quarter of Section 34, Township 42 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of the Northeast Quarter of the Southeast Quarter of Section 33, Township and Range aforesaid; thence South 29 minutes West along the West line of the Northeast Quarter of said Southeast Quarter 1153.50 feet to the Northerly line of Parcel N-4D-62 acquired by the Illinois State Toll Highway Commission through proceedings filed in the Circuit Court of Kane County, Illinois, as Case 57-3D; thence South 88 degrees 34 minutes East along said Northerly line 2363.46 feet; thence North 1 degree 26 minutes East 650.06 feet; thence South 88 degrees 34 minutes East 463.97 feet to the Westerly line of a tract of land conveyed to the Illinois State Toll Highway Commission by deed dated October 4, 1957 and recorded October 28, 1957 in Book 1869, page 241 as Document 847718, for the point of beginning; thence North 88 degrees 34 minutes West 440.53 feet; thence North 10 degrees 01 minutes East 200 feet; thence South 88 degrees 34 minutes East 440.53 feet to the Westerly line of said Illinois State Toll Highway Commission tract; thence South 10 degrees 01 minutes West along said Westerly line 200 feet to the point of beginning, in the Township of Dundee, Kane County, Illinois. be and is hereby granted subject to the following conditions: 1. Substantial conformance with the Development Application and Statement of Purpose and Conformance, submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, 2015. In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance to the "Proposed Kindergarten Classroom Exhibit," submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, 2015. 3. Substantial conformance with the "Plat of Survey", submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, 2015. 4. Substantial conformance with the "Existing and Proposed Classroom Location Exhibit," submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, 2015. 5. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. ALi David J. Ka.'ain, (ayor - 2 - Presented: June 10, 2015 Passed: June 10, 2015 Omnibus Vote: Yeas: 9 Nays: 0 Recorded: June 10, 2015 OF Et" Published: June 12, 2015 Attest: $6?"1/0 Kimberly Dewis, Cit Clerk "kill `�fi - 3 - May 4, 2015 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, ILLINOIS SUBJECT Recommendation and findings of fact for Petition 08-15, an application by Agape Academy of St. Sophia for a conditional use to permit the expansion of an existing child daycare facility, property located at 525 Church Road. GENERAL INFORMATION Petition Number: 08-15 Requested Action: Conditional Use Approval Current Zoning: CF Community Facility District Existing Use: Church Property Location: 525 Church Road Applicant: Agape Academy of St. Sophia Owner: St. Sophia Church Staff Coordinator: Dave Waden, Senior Planner LIST OF EXHIBITS ATTACHED A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Development Application and Statement of Purpose and Conformance; and F. Public Hearing Transcripts from May 4, 2015 with exhibits. G. Draft Conditional Use Ordinance Exhibit A Findings of Fact Petition 08-15 May 4, 2015 BACKGROUND In 2010 Agape Academy of St. Sophia was granted a conditional use (Ordinance G46-10) to establish a child daycare facility within the existing church building. The applicant is now requesting to expand their preschool program to include a kindergarten program that will be located on the 2nd floor of the classroom building. The children that attend the preschool and kindergarten programs will obtain an education in a family setting that will inspire the children to grow and develop a positive self-image. The current hours of operation for the "Disciples" program (children 3 years old) take place on Tuesday and Thursday from 9:30 a.m. until 12:30 p.m. The "Apostles" program(children 4 years old) take place on Monday, Wednesday and Friday from 9:30 a.m. until 12:30 p.m. These existing programs accommodate up to 20 students in one class. The proposed kindergarten program for 5 year old children called "Archangels" would be held on Monday through Friday from 9:30 a.m. until 1:30 p.m. and would accommodate between 10- 20 students in one class. The kindergarten class would operate in an existing classroom space that is separate from the preschool area and is located on the 2nd floor of the classroom building. The proposed classroom is currently used during the weekend for Greek School on Saturday and Sunday and Church School on Sunday; both are ministries of the St. Sophia parish. Child daycare services are conditional uses in the CF Community Facility District, and require a public hearing and City Council approval. The Community Development Department offers the following additional information: A. Zoning History. The subject property was annexed and zoned R2 Single Family Residence District and MI Limited Manufacturing in 1973. The property was rezoned to CF Community Facility District as part of the comprehensive amendment to the zoning ordinance in 1992. B. Surrounding Land Use and Zoning. The area to the north of the subject property is zoned CF Community Facility District and developed with a church. The area to the south of the subject property is zoned AB Area Business District and is developed with a hotel. The area to the east of the subject property is zoned PAB Planned Area Business District and is developed with hotels, industrial and manufacturing uses. The areas to the west and southwest of the subject property area are zoned GI General Industrial District and are developed with industrial and manufacturing uses. 2 Findings of Fact Petition 08-15 May 4, 2015 C. Comprehensive Plan. The subject property is designated as "Highway Commercial" by the City's Comprehensive Plan and Design Guidelines, dated 2005. Areas designated as Highway Commercial typically serve surrounding neighborhood areas, but also larger trade areas connected by the arterial street system. They may include all of the commercial uses found in the mixed-use centers. In addition, they typically include highway-serving uses such as fast food restaurant, auto-oriented uses such as tire stores, service stations, auto parts stores, and other along stand retail uses. These commercial areas are generally auto dominated with few pedestrian amenities. D. Zoning District. The purpose of the CF Community Facility district is to provide for the development and protection of various community facilities with both standard and planned land use and site design regulations. In general, community facilities provide governmental, recreational, educational, health, social, religious, and transportation services to the community on a for-profit or on a not-for-profit basis. Child day care services are an allowable conditional use in the CF Community Facility districts. The proposed Agape Academy will be located, designed and operated in accordance with the appearance, character, public health, safety and welfare of the community, and is consistent with the other land uses of the CF Community Facility District. E. Trend of Development. The subject property is located on the edge of an established industrial area that offers business, service and retail uses. FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 08-15 on May 4, 2015. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Conditional Use Review and Written Findings & Recommendation to the Planning &Zoning Commission dated May 4, 2015. The Community Development Department and the Planning & Zoning Commission have made the following general findings against the standards for a conditional use as outlined within § 19.65.030: A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size, shape, and any existing improvements. Findings. The conditional use meets the site characteristic standard as no site characteristic would impede the expansion of an existing child daycare facility. The subject property contains approximately 1.97 acres of land and is improved with the St. Sophia Greek Orthodox Church and surface parking lot containing 50 parking stalls. 3 Findings of Fact Petition 08-15 May 4, 2015 B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. Findings. The conditional use meets the sewer and water standard as the subject property is currently served by municipal water, sanitary sewer, and storm water systems. Stormwater management is provided in conformance with the standards and regulations of the City of Elgin and Kane County Stormwater Management Ordinances. C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. Findings. The conditional use meets the traffic and parking standard. The subject property is located at the southwest corner of Church Road and Toll Gate Road. Both Church Road and Toll Gate Road are local roads serving the subject property and the surrounding commercial and industrial properties. Access to the subject property is limited to Church Road. Off street parking is provided in conformance with the off street parking ordinance. D. Location,Design, and Operation Standard. The suitability of the subject property for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of this title and chapter. Findings.The conditional use meets the location, design, and operation standard.No evidence has been submitted or found that the proposed conditional use will be located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. E. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporary use of or a compatible improvement to a designated landmark or property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. Findings.This standard is not applicable as the subject property is neither designated as a historic landmark nor is it located within a historic district. RECOMMENDATION The Community Development Department recommends approval of Petition 08-15, subject to conditions. The Planning & Zoning Commission concurs with the Community Development 4 Findings of Fact Petition 08-15 May 4, 2015 Department and recommends approval of Petition 08-15 subject to conditions. On a motion to recommend approval, subject to the conditions outlined by the Community Development Department the vote was five (5) yes and zero (0) no. The conditions for approval voted on by the Planning&Zoning Commission are: 1. Substantial conformance with the Development Application and Statement of Purpose and Conformance, submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20,2015. • 2. Substantial conformance to the "Proposed Kindergarten Classroom Exhibit," submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, 2015. 3. Substantial conformance with the "Plat of Survey", submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, 2015. 4. Substantial conformance with the "Existing & Proposed Classroom Location Exhibit," submitted by Agape Academy of St. Sophia as applicant and St. Sophia Church as owner, dated received March 20, 2015. Compliance with all applicable codes and ordinances Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman Planning and Zoning Commission s/Sarosh Saher Sarosh Saher, Secretary Planning&Zoning Commission 5 Canterfield Pkwy i r ' ... Mar-o t br '' - Subject Property :' • : :*: ;i. Petition 08-15 r 11._... . _ - ;_s'.4.1r.:-. ' . ',•.' ' ''.i' .. -,,. . .'- ' ' g .- il 4?.''' - --.6- - . -1 ..,.... . _ I " ,,,:::' 1 if Chu h Rd,. • 'a _ j5: 1;i I ligal e, - a To11.Gate Rd - lift ,, n - . i s ' %.,:r. ' '' '13:: '. .-1 11 . , , lip (,, .. . „ao co\V \ to g0 o o -"\‘o I' ., o w n ti � s . . 1 490 - . . , % EXHIBIT Aerial/Location Map N W,%,--E S Map prepared by City of Elgin 0 80 160 320 480 640 Feet Department of Community Development I I 111 ik ts m 1 I I 14 Chateau Dr V INI Mardot Dr Subject Property Petition 08-15 PAB IIIIIIIL AB ri Legend 7;2110 (647 o�eo< O Residence Conservation 1 OResidence Conservation 2 0 QResidence Conservation 3 el =Planned Residence Conservation OSingle Family Residence 1 QSingle Family Residence 2 OPlanned Single Family Residence 2 Two Family Residence -Multiple Family Residence -Planned Multiple Family Residence (=Residence Business A B O A Planned Residential Business -Neighborhood Business =Planned Neighborhood Business 1'1 A B Area Business -Planned Area Business -Center City 1 ate Rd -Center City 2 -Planned Center City -Office Research Industrial -Planned Office Research Industrial -General Industrial PAB I -Planned General Industrial Commercial Industrial G Ell -Planned Community Facility ■ i. -Community Facility 3,ra5 4, le�a -Fox River Preservation �`� C -Planned Center City 2 G =Planned Single Family Residence 1 `�O 0 `�� Planned Two Family Residence 9 Z EXHIBIT B Zoning Map N w- �� -s S Map prepared by City of Elgin 0 80 160 320 480 640 I Department of Community Development Feet Subject Property 525 Church Rd Petition 08-15 Church Rd 0334301004 0334301003 kr w CD O !L EXHBIIT C Parcel Map N A City of Elgin 0 25 50 100 150 200 Department of Community Development Feet SITE LOCATION EXHIBIT 525 Church Road Petition 08-15 1 , A `C=.tea . i t. ` 7` . 7 ry. fti I , t br I �` l lti- :. C- t _. 0 C:1 CMG- i21 g - C ..- . c,pun - ` 4._. tilling ,.: A . . , - Site Location at' - �� rte' t '`�, x,', M� :.*:..+4,.-. : �tom° I yam- :. _.., ....._ss View from Toll Gate Road Looking West SITE LOCATION EXHIBIT 525 Church Road Petition 08-15 • V View from Church Road Looking South r View from Church Road Looking Southeast